workplace safety handbook

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WORKPLACE HEALTH AND

SAFETY HANDBOOK


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WORKPLACE HEALTH AND SAFETY HANDBOOK

Updated August 2006


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2 Workplace Health and Safety Handbook

CONTENTS

1. Introduction 5

2. The health and safety legislation 7

3. Managing health and safety in the workplace 17

4. Health and safety policies 23

5. Hazard management 31

6. Consultation 35

7. Health and safety representatives 37

8. Health and safety committees 51

9. The resolution of health and safety issues 57

10. Occupational health and safety training 67

11. Action if an injury happens 77

12. Sources of information on health and safety issues 91

13. Summary of the Occupational Health, Safety and Welfare (OHSW) Act 95

and Regulations

14. Appendices 105

15. Index 121

Information provided in this publication is designed to address the most commonly raised issues in the

workplace relevant to South Australian legislation such as the Occupational Health, Safety and Welfare Act

1986 and the Workers Rehabilitation and Compensation Act 1986. They are not intended as a replacement

for the legislation. In particular, SafeWork SA officers and employees:

make no representations, expressed or implied, as to the accuracy of the information and data contained

in the publication;

accept no liability for any use of the said information or reliance placed on it, and make no

representations, either expressed or implied, as to the suitability of the said information for any particular

purpose.


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FOREWORD

Reducing the toll from workplace deaths and injuries is a major priority of the South Australian Labor

Government, and is a key goal outlined in our Strategic Plan. We aim to achieve the nationally agreed goal

of a 40% reduction in workplace injury by 2012 (National OHS Strategy 2000-2012).

We cannot achieve this goal alone though. Everyone needs to start thinking about safety before they think

about work. That should be the duty and responsibility of everyone in a workplace, employer and employee.

We know that workplace safety programs are always much more effective when the effort is collaborative.

With that in mind, this Workplace Health and Safety Handbook has been designed to encourage employers,

employees and others with workplace responsibilities to strive together to ensure healthy and safe

workplaces.

It provides a practical, plainly worded explanation of the legislation, and is designed to help identify

responsibilities and duties. Youll also find in this handbook a useful guide to organisations that can assist

you with further information to help meet your legal obligations.

The states occupational health, safety and welfare agency, SafeWork SA also produces a range of guidance

materials on how to comply with state OHS legislative requirements.

I hope you will use this handbook regularly to keep yourself, your employees or your workmates safe,

and support the Governments ongoing commitment to making South Australias workplaces the safest

in Australia.

Hon Michael Wright MP

Minister for Administrative Services and Government Enterprises

Minister for Industrial Relations

Minister for Recreation, Sport and Racing

Workplace Health and Safety Handbook 3


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PREFACE

SafeWork SA is South Australias new OHS agency. Formerly called Workplace Services,

SafeWork SA is responsible for administering industrial relations legislation and

managing all OHS functions in our state, including some functions previously managed

by WorkCover. SafeWork SA is a business unit of the Department for Administrative

and Information Services.

The primary role of SafeWork SA is to promote and encourage safe, fair and productive

working lives in South Australia by working with employers, employees, unions and

industry representatives. The new agency delivers a balanced range of services from

information and assistance, through to compliance and enforcement activities.

SafeWork SA is working hard to reduce the incidence of work-related death, injury,illness and disease, as well as to encourage and promote fair working conditions

throughout the state. There is still much work to be done. Too many claims for workers

compensation are received from employees in South Australia each year. For many

families the injury toll means lives are changed forever. Apart from the human and

social costs, the economic cost to the South Australian community is also

unacceptably high.

SafeWork SA assists South Australians to achieve the highest levels of health and safety

in their workplaces through a range of strategies. The key strategy is about

encouraging employers and workers to work together on these issues. Best results are

achieved when everyone in the workplace is involved in developing a risk management

approach to eliminating and controlling health and safety hazards.

The Workplace Health and Safety Handbook has been developed as a guiding tool for

all who have a role to play in workplace health, safety and welfare. Health and Safety

Representatives (HSRs) assume the important role of representing fellow workers on

issues affecting their health, safety and welfare.

The handbook discusses the interaction of HSRs and management. Managers and

worker representatives working together to solve problems and implement hazard

management programs can be both an effective and cost efficient process.

Bringing parties together in a cooperative manner does not end at the workplace.

Throughout the handbook you will find references to employer associations, unionsand workers compensation claims agents. The Government is committed to working

with these organisations to address workplace health and safety.

I invite you to join us in working towards achieving our vision of safe, fair and

productive working lives for all South Australians.

Michele Patterson

Executive Director

SafeWork SA



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1. INTRODUCTION

WHY WAS THE HANDBOOK PRODUCED AND WHO IS IT FOR?

The Workplace Health and Safety Handbook (the handbook) provides information

for people who are involved in health and safety in the workplace. This includes HSRs,

occupational health and safety (OHS) committee members, managers and supervisors.

The handbook is designed to provide practical guidance on a range of health and

safety issues. It is not possible to cover everything, therefore advice is given on

how and where to obtain further information. The handbook is intended for South

Australian workplaces and focuses on the legislation, the organisations responsible

for administering it and information resources available in this State.

WHAT IS IN THE HANDBOOK?

The framework for dealing with health and safety in South Australia has been

set out in the Occupational Health, Safety and Welfare (OHSW) Act 1986 (the Act).

The importance of other parts of OHSW legislation, namely the Occupational Health,

Safety and Welfare (OHSW) Regulations 1995(the Regulations) and Approved Codes

of Practice are explained within the handbook.

Employers in South Australia are responsible for managing workplace health and safety.

Access to information about health and safety issues is essential. The handbook

gives directions for obtaining advice and information.

For employees seeking to elect a HSR, there is information about how to form a workgroup, how to conduct the election and appropriate training.

Organisations that already have HSRs and committees will find advice on how they

can be used to resolve health and safety problems.

The handbook indicates the types of training available and contains an introduction

to a range of organisations which provide health and safety advice.

The major aim of the handbook is to provide information to assist employers and

employees and their respective representatives to establish, implement and maintain

systems that prevent workrelated injury, disease and death.

HOW TO USE THE HANDBOOK

The handbook does not need to be read from cover to cover. An index allows

readers to look up subjects of particular interest.

Throughout the handbook, there are references shown in brackets, e.g. [Act: 31]

or [Reg: 1.2]. These references identify the relevant sections of the OHSW Act 1986

(the Act) or the OHSW Regulations 1995(the Regulations).

For example, [Act: 31] indicates that the relevant section of the Act is Section 31.

A reference to [HSR Reg:] indicates the relevant Regulation is the Health and Safety

Representatives Regulationsunder the Act.



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2. THE HEALTH AND SAFETY LEGISLATION

WHAT THE LEGISLATION CONSISTS OF

Workers in South Australia (with a few exceptions explained below) are protected

by State health and safety legislation. Anyone who is working full-time or part-time,

or has a permanent, temporary or casual job, is covered. This legislation also includes

home-based workers and volunteers who work in connection with a trade or business.

The legislation is designed to protect people by establishing safe systems of work to

eliminate or minimise the risks to health, safety and welfare. Employers, employees

and others, such as manufacturers and suppliers of machinery or substances used at

work, all have an important role to play.

The health and safety legislation in South Australia is made up of three parts. These are:

the OHSW Act 1986 (the Act)

the OHSW Regulations 1995(the Regulations)

Approved Codes of Practice made under the Act.

There are also health and safety provisions in some awards, which must be complied

with. There is different legislation for people employed by Commonwealth Government

departments and statutory authorities. These employees are covered by the

Occupational Health and Safety (Commonwealth Employment) Act 1991. However,

private contractors working on Commonwealth property are covered by the State Act.



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THE HEALTH AND SAFETY LEGISLATION


THE OCCUPATIONAL HEALTH, SAFETY AND WELFARE ACT 1986

The OHSW Act 1986 sets out the general requirements for protecting health and

safety in the workplace. It is important that every organisation has a copy.

The Act makes it clear that everyone who may affect health or safety at work has a part

to play in protecting it. This includes employers, employees and their representatives,

designers and owners of buildings used as workplaces, manufacturers and suppliers of

machinery, equipment or substances used at work.

The Act aims to bring employers, employees and their representatives together

to resolve health and safety issues at work. Giving workers the right to elect HSRs

and to participate on health and safety committees in the workplace encourages

employee involvement. (See chapters 7 Health and safety representatives and 8

Health and safety committees for more information about HSRs and committees.)

The Act also gives powers to government inspectors from SafeWork SA (a business unit

of the Department for Administrative and Information Services) to inspect workplaces

and investigate health and safety issues. Inspectors can initiate prosecutions, which canresult in penalties. Fines from up to $5 000 and up to $200 000 can apply depending on

the seriousness of the offence.

Responsible Officers

Each body corporate carrying on business in the State must appoint one or more

responsible officers.

A person appointed as a responsible officer must be:

a) a member of the governing body of the body corporate who resides in the State; or

b) the chief executive officer of the body corporate, if he or she resides in the State; or

c) if no one is eligible for appointment under a preceding paragraph - a seniorexecutive officer of the body corporate who resides in the State; or

d) if no one is eligible for appointment under the proceeding paragraph - an officer

of the body corporate.

OHSWAct

OHSW RegulationsThe OHSW Regulations 1995are

made under the Act and set out thegeneral principles and practical steps that

should be followed in order to preventinjury and illness at work. Everything in

the Regulations is law and must be followed.

Approved Codes of PracticeThese give you practical guidance on how to comply

with legal requirements of specific regulations and

should be used in addition to the Act and Regulations. Youare obliged to follow gazetted Approved Codes of Practice

unless you can apply another solution that is as good or better.

GuidelinesGuidelines and other information products provide general

information about aspects of the Act, Regulations or specific hazards.

AS

AS

AS

AS listed in the boxat the end of a Division

of the Regulations areApproved Codes of Practiceandshouldbe followed.

All other AS should be consideredas general information that isavailable to assistyou in meetingyour OHSW obligations.

Australian Standards(AS) called up on the lefthand side of the page ofthe Regulations become aregulatory requirementand mustbe followed.

The OHSW Act 1986describes how to provide

health and safety in SouthAustralian workplaces.Everything in the Act is

law and mustbefollowed.


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A person who is appointed as a responsible officer and who has not previously

attended a course of training recognised or approved by the Advisory Committeemust attend a course of training within three months after his or her appointment.

Employers' duties

Every employer has a duty to each employee to ensure so far as is reasonably

practicable that the employee is, while at work, safe from injury and risks to health.

This is a wide-ranging responsibility that involves taking action to control risks

associated with hazards in the workplace.

In determining what is reasonably practicable, employers must take into account

the severity of the risk, knowledge about the hazard and ways to remove or reduce

it, the availability and suitability of ways to remove or reduce the hazard, and the

cost of taking action.

In particular, employers must, so far as is reasonably practicable:

provide and maintain a safe working environment and safe systems of work

provide and maintain machinery, equipment, appliances, implements, tools

and substances in a safe condition

provide adequate facilities such as toilets, meal areas and first aid services

(as prescribed in the Regulations)

provide information, instruction, training and supervision as are necessary

to ensure that each employee is safe from injury and risks to health

monitor working conditions at any workplace that is under the employer'smanagement control

monitor the health, safety and welfare of employees in so far that it is relevant

to the prevention of work-related injuries

keep records of work-related injuries of employees

advise employees where they can go with enquiries or complaints about

health and safety matters

provide information to employees, in appropriate languages, about health and

safety in the workplace

ensure employees receive proper information, instruction and training before

commencing any new work

ensure employees who are inexperienced in the performance of any hazardous

work receive the necessary supervision

ensure employees who may be put at risk by changes in the workplace, work

practices, processes or plant are given proper information, instruction and training

before the change occurs, and receive the necessary supervision

provide managers and supervisors with information, instruction and training to

ensure employees under their management or supervision are safe from injuries

and risks to health

ensure any accommodation, eating, recreational or other facility provided for

the benefit of employees while at work, or in connection with the performanceof work, is maintained in a safe and healthy condition.




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To make sure that these duties are met, employers are advised to establish an

effective system for managing health and safety. For more information see chapter 3Managing health and safety in the workplace.

Every employer must prepare policies that set down the arrangements for protecting

the health and safety of employees while they are at work. Chapter 4 Health and

safety policies provides guidelines for preparing health and safety policies.

More detailed information about what must be done to address some specific

hazards in the workplace is contained in the Regulations and Approved Codes of

Practice, which are discussed later in this chapter.

Employers must also consult employees and their representatives about health and

safety issues (see chapters 6 Consultation and 7 Health and safety representatives

for more information on consultation).

Employees' duties

Employees must take reasonable care to protect their own health and safety, and the

health and safety of others that may be affected by their actions or omissions at work.

Employees' responsibility for health and safety only extends to things that they have

control over. However, they must cooperate with their employer in ensuring health

and safety in the workplace.

In particular, employees must:

use equipment provided to protect health and safety

follow reasonable instructions the employer gives on health and safety

ensure they are not so affected by alcohol or another drug to endanger their own

or any other persons health and safety.

Actively participating in health and safety means taking positive steps to have health

and safety problems resolved. If employees believe work is unsafe, health and safety

instructions are unreasonable or arrangements intended to protect health and safety

are not effective, they should report these problems and take appropriate action to

protect themselves.

For example, an instruction to wear space suit style clothing to protect against

toxic chemicals, which employees have to wear for long periods of time in a hot

environment, would be unreasonable. In this case, the employees have the right totake action to protect themselves. This might include refusing to do the dangerous

work and asking the employer or HSR to assist in having the work changed.

However, employees should not just ignore a health and safety instruction and carry

on working in unsafe conditions, for example, by refusing to wear the protective

clothing because it is hot and continuing to work in a toxic environment.




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Duties of building designers

A person who designs a building that is reasonably expected to comprise or includea workplace, must take steps to ensure that people who might work in, on or in the

vicinity of the building are safe from injury and risks to health. For example, engineers

designing structural steelwork for multi-storey buildings should specify measures to

ensure the stability of the steelwork during construction.

As a minimum, designers should ensure that they comply with relevant sections of the

Building Code of Australia, health and safety Regulations and Approved Codes of

Practice.

Duties of building owners

The owner of a building that is used as a workplace, or includes a workplace, must

ensure, so far as reasonably practicable, that the building and any fixtures or fittingsunder the control of the owner are in a condition that allows people to be safe from

injury and risks to health while working in, on or in the vicinity of the workplace.

As a minimum, building owners must comply with relevant health and safety

Regulations and Approved Codes of Practice. For example, this might include ensuring

that any installed asbestos in the building is managed to prevent exposure to this

substance, making sure that the building structure is sound or providing adequate

ventilation systems.

Duties of manufacturers and suppliers of plant

Any person who designs, manufactures, imports, supplies or installs plant (i.e. machinery,

equipment, appliances, implements or tools) for use at work must ensure, so far asreasonably practicable, that people who might use, clean or maintain the plant are, in

doing so, safe from injury and risks to health. The relevant Regulations (e.g. on plant) and

Approved Codes of Practice (e.g. on chainsaws and brushcutters) should be checked for

safety requirements.

In addition, information about the conditions necessary to ensure its safe installation,

use and maintenance must be provided at the time the plant is supplied.

Duties of manufacturers and suppliers of substances

Manufacturers, importers and suppliers of substances for use at work must take steps

to ensure that their products are in a safe condition, so that people who might use

or handle them are safe from injury and risks to health.Adequate information must also be provided with the supply of the substance about

precautions for its safe use, handling, processing, storage, transportation and disposal.

A practical way to provide information about substances is in the form of a

Material Safety Data Sheet (MSDS). The National Code of Practice for the

Preparation of Material Safety Data Sheets (available from Australian Safety and

Compensation Council (ASCC) website www.ascc.gov.au and SafeWork SAs Help

and Early Intervention Centre on 1300 365 255) describes what information to

include in a MSDS.




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OCCUPATIONAL HEALTH, SAFETY AND WELFARE REGULATIONS 1995

On 3 April 1995, the South Australian Government introduced hazard-based healthand safety Regulations. These are called the Occupational Health, Safety and

Welfare (OHSW) Regulations 1995(the Regulations).

The Regulations are made under the Act and should be read in conjunction with the

Act. This single set of health and safety Regulations applies to all workplaces in

South Australia. They are easy to use and include an index to help users find

information, and contain margin notes that explain how to interpret a specific

Regulation.

General steps to protect health and safety

The Regulations set out general principles that provide practical steps for employers

in preventing injuries and illness at work. These steps ensure that safe systems ofwork are developed and implemented. These steps are:

consult with employees and their representatives

identify hazards (potential causes of injury or illness)

assess the risks, i.e. how likely it is that hazards will cause injury or illness, and how

serious this might be

control and minimise the risks to ensure that injury or illness is prevented

provide information, instruction, training and supervision to ensure employees

are aware of any risks and what must be done to control them

reporting of hazardous situations, fatalities, injuries and illness so action can

be taken to prevent them from happening again.

In general, employers are required to take appropriate and reasonable steps

to protect health and safety, consistent with the degree of risk that exists. The

Regulations allow employers to decide what action is appropriate in the situation,

providing they meet the minimum legal requirements.

Specific health and safety issues

In addition to establishing the general steps that should be taken to protect health

and safety, the Regulations state what must be done to address some specific health

and safety issues.

Some of these are:

amenities and facilities such as toilets, washing facilities, areas for eating and

storage of personal belongings, and provision of first aid

plant (machinery, equipment and tools)

manual handling (lifting, pulling, pushing, carrying)

hazardous substances (chemicals that are harmful to a workers health)

hazardous work such as logging, excavation, electroplating, abrasive blasting,

and spray painting

certification of people performing some types of hazardous work or operating

hazardous machinery to ensure they have the necessary level of skill and

competency to do the work safely.The Regulations for plant, hazardous substances, certification, confined spaces and

manual handling are consistent with national standards adopted in some other states

or territories in Australia.




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Who has a role to play?

The Regulations emphasise that different people have a role to play in ensuringhealth and safety. These people include employers and employees, for example,

building designers, owners and occupiers and providers of plant, equipment or

substances used at work. Self-employed people must also take steps to protect their

own health and safety and avoid adversely affecting the health and safety of others.

The Regulations contain schedules that set out who has a duty to comply with

specific Regulations. The responsibility is often shared. If this is the case, each duty

must be carried out to the extent of that person's control over the work.

Approved Codes of Practice

A code of practice is approved by the Minister responsible for OHS (the Minister for

Industrial Relations), following a recommendation from the SafeWork SA AdvisoryCommittee. Once approved by the Minister, it is then gazetted in the Government

Gazette and presented to both Houses of Parliament.

Codes of practice developed by other organisations, such as the Australian Safety and

Compensation Council (ASCC) or Standards Australia, are not Approved Codes of

Practice unless they have been approved and gazetted in accordance with the Act.

Approved Codes of Practice provide minimum standards for health and safety.

They are to be used in addition to the Act and Regulations.

A code of practice provides practical guidance on how a particular standard of

health and safety can be achieved. It describes the preferred methods or actions to

achieve the standard of health and safety. This means other standards can be usedif they achieve an equal or better standard of health and safety. A code of practice

is therefore different from a Regulation, as the responsible person must meet the

specific requirement of the Regulation. For this reason, preferred methods or courses

of action in an Approved Code of Practice are preceded by the word should.

An Approved Code of Practice may include references to obligations imposed by

an act of Parliament or Regulation. These obligations are preceded by the word

shall in the code of practice because they are mandatory. Failure to meet these

obligations is an offence against the Act or Regulation.

If legal action is taken by SafeWork SA for a breach of the Act (a prosecution), and it

is proven that the person failed to comply with a relevant Approved Code ofPractice, they may be taken to have failed to exercise the required standard of care

unless there is proof to the contrary [Act: 63a].

In summary, an Approved Code of Practice:

provides practical guidance

should be followed unless there is another solution that achieves the same

or better standard of health and safety

can be used to support a prosecution.

Every organisation is advised to obtain copies of Approved Codes of Practice that

are relevant to their workplace and the hazards they face in their work.




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Other information

SafeWork SA or the Minister for Industrial Relations may also issue guidelines, whichprovide further explanation about aspects of the Act, Regulations or codes and

specific hazards not covered in the Regulations. The guidelines available include

Guidelines for Control of Workplace Noise, Guidelines for Drugs and Alcohol in the

Workplace, Guidelines for Workplace Amenities and Accommodation, Guidelines for

Managing Health and Safety in the Labour Hire Industry and Guidelines for Reducing

the Risk of Violence at Work. These guidelines are not legal requirements. They provide

advice and explanation only. This handbook includes guidelines on various issues

including health and safety policies, committees and representatives.

SafeWork SA and other authorities also publish information sheets and brochures

on the requirements of the Regulations and Approved Codes of Practice.

The Act, Regulations and Approved Codes of Practice are available from:

Ground Floor

100 Waymouth Street, Adelaide

Telephone: 1300 365 255

The Act and Regulations are also available from:

Service SA

Government Legislation + Outlet

101 Grenfell Street, Adelaide

Service SA Online Shop: www.shop.service.sa.gov.au

Telephone: 13 23 24

HOW THE LEGISLATION IS ENFORCED

The Act assigns responsibility to individuals for ensuring that workplaces are healthy

and safe. However, someone has to check that i t is being done and this is the role

of SafeWork SA inspectors.

Inspectors do not need an appointment to make a visit to a workplace. They may

call at a workplace at any time to carry out an inspection, investigate an injury or

incident that has occurred, audit health and safety systems or take other action.

Inspectors have the power to examine records, take photographs or films, make

measurements and interview any person about health and safety at the workplace.It is an offence to hinder or obstruct an inspector doing their job [Act: 38].

Inspectors' notices

If an inspector finds that the Act or Regulations have been breached, they may

issue a legal notice. There are two types of legal Notices Improvement and

Prohibition Notices.

An Improvement Notice states that the Act or Regulation is being breached and may

include directions about action required to resolve the problem.

A Prohibition Notice may be issued where there is an immediate risk or potential for

an immediate risk to health and safety. The notice prohibits the performance of

unsafe work. This unsafe work cannot recommence until the inspector is satisfiedthat adequate steps have been taken to eliminate or minimise the risk to health

and safety.




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Where work is suspended because of a Prohibition Notice, a person employed in

that work may be assigned to suitable alternative work [Act: 57] or if no suitablework is available, is entitled to be paid so that they do not suffer any loss of income

[Act: 44].

More information on Improvement and Prohibition Notices can be found in sections

39 to 45 of the Act and in chapter 9 The resolution of health and safety issues of

this handbook.

Prosecution and penalties

Inspectors can initiate prosecutions for breaches of the Act or Regulations, which

may result in substantial penalties or fines. Fines can apply from up to $5 000

(usually the maximum for employees) to $200 000 for employers. The amount of the

fine depends on the type and severity of the offence. In the Act and Regulations,fines are identified from Division 1 to 7 (see below for an explanation).

A gaol term of up to five years may also apply for serious offences where a person

recklessly breaches their duty of care (as an employer or employee), knowing that

their action is likely to seriously endanger another person's health and safety.

Fines

(Current as at the date of publication)

Division 1 (up to $200 000)


Division 3 (up to $40 000)Division 4 (up to $30 000)




THE ROLE OF THE INDUSTRIAL COURT AND COMMISSION

The Industrial Court and Commission have an important role to play in the resolution

of health and safety disputes and legal proceedings under the Act.

Conciliation

If a dispute arises between an employer and employees during the formation

of work groups, election of HSRs or establishment of health and safety committees,

this dispute may be referred, in the last resort, to the Industrial Commission.

The Industrial Commission will attempt to resolve the dispute by conciliation.

The conciliation process involves bringing the parties together to discuss the issues

in order to arrive at an acceptable solution for all parties.




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Review

If a dispute cannot be resolved by the Commission within a reasonable period oftime, it is referred to the Industrial Court, which establishes a review committee to

resolve the issue. The review committee is made up of three members a judge

or magistrate, an employer nominee and a union nominee. The review committee

evaluates and determines a resolution to the dispute. For example, a dispute about

a HSR's Default Notice or order to stop unsafe work, or an inspector's Improvement

or Prohibition Notice may also be referred to the Industrial Court for determination

by a review committee.

For more information about the role of the Industrial Court and Commission in

resolving health and safety disputes see chapters 7 Health and safety

representatives, 8 Health and safety committees and 9 The resolution of health

and safety issues.

Legal proceedings

All prosecutions taken by SafeWork SA inspectors for a breach of the Act or

Regulations are heard and determined by a magistrate in the Industrial Court. If the

magistrate's decision is appealed, a judge or full panel of judges in the Industrial

Court hears the appeal.




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3. MANAGING HEALTH AND SAFETY IN THE WORKPLACE

To avoid overlooking important health and safety issues, employers need to adopt a

systematic approach to managing health and safety. This can be done by establishing

a program in which health and safety is an integral part of management from top

level managers to supervisors.

Recommended elements for an effective health and safety management program

include:

Top level management are involved and committed.

Managers need to understand their responsibilities under health and safety

legislation and be aware of the hazards specific to their organisation. Management

must be committed to and held accountable for providing a healthy and safeworkplace.

Further information can be found in chapter 2 The health and safety legislation

about employers' legal duties. Chapter 5 Hazard management has information

about identifying hazards, and assessing and controlling risks.

Supervisors are assigned responsibilities and authority for ensuring the health

and safety of employees under their supervision.

The responsibility for the health and safety of employees under their supervision

should be promoted as an integral part of a supervisor's job. To ensure the health

and safety of employees, supervisors need to be aware of their responsibilities and

will require adequate information, training and resources (see chapter 10Occupational health and safety training for information about training for

supervisors).

Supervisors will need the authority to take action to protect health and safety.

Managers will need to ensure supervisors are accountable.

Health and safety policies and procedures are prepared.

A policy should detail the arrangements for protecting employees' health and safety

and outline the responsibilities of management and employees. It must be supported

by written procedures so that everyone in the organisation is aware of their

responsibilities.

Procedures need to be in plain English, easy to follow and all employees should

understand them. Policies and procedures must be reviewed and updated to reflect

any changes in legislation, plant and equipment, substances used in the workplace,

systems of work or the work environment (see chapter 4 Health and safety policies).

Effective mechanisms for employee consultation are established.

Consultation between employers, employees and their elected representatives on

all aspects of health and safety in the workplace such as identifying, assessing and

controlling hazards, injury and incident investigation, and the development of

health and safety policies and procedures, is essential.

Consultation encourages employees to participate, contribute ideas and assist

with solving problems (see chapter 6 Consultation).



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Arrangements are put in place for the identification of hazards, and the

assessment and control of risks to health and safety in the workplace.Regular workplace inspections must be conducted to identify problems. Injury,

incident and disease records need to be examined and employees consulted to

identify problems (see chapter 5 Hazard management for information on risk

identification, assessment and control).

Provide a safe system of work.

A safe system of work is the total set of methods adopted for carrying out the

operations required in a particular workplace. They cover all aspects of the

employment situation including the organisation of work processes, the methods of

using machinery, plant and equipment, the methods of hiring labour, job training,

instruction and supervision about associated hazards and their management, and what

to do when things go wrong.

Training is provided to enable management and employees to carry out their

responsibilities.

Managers, supervisors and employees all need information and training to ensure

they are aware of their responsibilities and understand the arrangements in place

to protect OHS (see chapter 10 Occupational health and safety training for more

information).

Records are kept of action taken to manage health and safety in the

workplace.

The health and safety legislation require that some records are kept. In general, it

is good management to be able to show what action has been taken to protect

health and safety.

WORKPLACE DIVERSITY

Nowadays more and more organisations consist of a diverse workforce to broaden their

customer base, improve the bottom line, lower staff turnover and be more competitive

in the marketplace. While there are many benefits to a diverse workforce, when it comes

to managing or representing the group there is no one-size fits all approach.

People have various needs in relation to how information is best provided to them

and also on how they communicate with others in the workplace. Workplaces are

made up of people with various and diverse backgrounds. Language, literacy, age,disability, gender and culture may impact on how people require health and safety

information to be presented to them, and how they can get involved in health and

safety committees or workplace health and safety issues.

It is important not to stereotype or make assumptions about employee communication

styles. Consultation plays a crucial role in identifying and addressing the needs of all

staff members.

The following strategies can be used in the workplace to enhance the ways health

and safety information and training is provided to employees:

Provide training and awareness sessions for supervisors, managers, HSRs and other

relevant staff to enhance their understanding of how cultural factors, language,disability and English literacy can impact on the delivery of information.

MANAGING HEALTH AND SAFETY IN THE WORKPLACE



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Access SafeWork SAs posters and information about health and safety in community

languages and/or alternative formats and distribute amongst staff and HSRs.

Language is not the only barrier in communication. For example, some employees

may come from countries where the health and safety structures were very different

from those in Australia. In these circumstances it is not only a matter of translating

information from one language to another, but also of explaining the concepts and

details of the structure of workplace health and safety in your workplace. Other

characteristics such as immigration or refugee status, and a persons educational level

(including their literacy in their first language), will all impact. Therefore it is in everyones

best interest for employers, managers or HSRs to provide accurate information about

workplace health and safety and workers rehabilitation and compensation rather than

workers getting this information from family, friends or colleagues.

Many Australian-born workers have limited English literacy skills so you may need

to communicate verbally and not rely on written information with some workers.

It is also important to remember that while some people have very good

functional spoken English, their ability to communicate and understand complex

issues that require specific vocabulary such as workplace health and safety can be

difficult for them.

Develop mentoring relationships between newer and more experienced workers

who have an understanding of these issues.

Ensure organisational budgets allocate funding for translation of material and

interpreting cost so these strategies can be used when required.

Demonstrate or show workers what you want them to do, together with verbal

instructions.

Use accredited interpreters when communicating with workers of non-English

speaking backgrounds if they are more comfortable communicating in a language

other than English.

Interpreters are also available for people who use deaf sign language (AUSLAN).

It is important to use non-discriminatory language, avoid stereotypes and to treat

people with respect regardless of their disability, language, culture, religion, age,

gender, and literacy.

Ensure that workers receive training and information that is relevant to their job,workplace and industry:

Check that workers have understood what they have been told in induction

training. Ask them to show you, rather than tell you (as appropriate).

Use safety symbols and signs (international signage pictorial) and ensure that

workers know what they mean.

Provide information in audio as well as written formats. This is a good strategy

for people with limited literacy as well as people with a visual impairment.

Audio tapes are also a useful strategy for information that has been translated

into community languages.

Use videos with subtitles in training where possible.




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Useful tips for HSRs

All employees should be consulted and encouraged to join in discussions in relationto health and safety in the workplace.

It is important not to make any assumptions about what employees may or may

not know about workplace health and safety.

You may need to explain the role of HSR and the health and safety committee, so

that all workers know what types of issues these people can assist with and what

they will do with any information they are provided with.

Ensure that all written and verbal communication is in plain English and avoid the

use of jargon or technical language.

If there are enough workers from one language group who have limited English

literacy, establish a small group to allow employees to share information andcontribute ideas and suggestions in their preferred language.

Discuss the most useful method for providing minutes of Occupational Health and

Safety (OHS) committee meetings with your work group.

Allow additional time when communicating with workers of diverse backgrounds

to ensure that you dont have to rush through any information.

Bilingual employees

Use workers who are bilingual to assist in communicating information. However, it is

essential that they are fluent in both languages, that they understand the health and

safety information and they feel comfortable communicating with other workers.

Consider training bilingual employees to assist HSRs. Bilingual employees who are expected to undertake this function should be provided

with resources such as time and material that has already been translated.

Bilingual workers should not be asked to translate policies, procedures, Material

Safety Data Sheets etc. unless they are also accredited translators. Bilingual

employees should only be used for simple verbal and information exchange.

Useful resources

WorkCovers Access and Equity Unit is available to consult with you on the needs

of a diverse workforce. This services is free of charge. Contact the Unit at

[email protected] or call 8233 2453.

The following useful resources are now available from SafeWork SAs bookshop,library or from www.workcover.com.

Interpreting and Translating Policy. This is a very useful resource that includes

information on how to work with interpreters, how to organise translations and

includes information on the principles of plain English (discussed on the following

page).

Multilingual safety sign poster.

Information in over 21 community languages.

Information in alternative formats e.g. braille.




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PRINCIPLES OF PLAIN ENGLISH

Use short, simple, straightforward words.

Avoid unnecessary words and expressions get straight to the point.

Personalise the material by speaking directly to the reader.

Use active rather than passive words.

Avoid the use of negatives and double negatives (e.g. You dont want to go

to lunch now, do you?").

Short sentences are easier to understand than long ones.

Think about the best order for your information it should reflect the logical

order of events.

Define any technical terms.

Avoid unnecessary humour or jargon.

Trial the information with people who dont know the subject matter, to test

whether the message and content is clear and can be understood.

AUDIO AND VISUAL TECHNIQUES

Demonstrate or show workers what you want them to do, together with verbal

instructions.

Check that workers know what they have been told in induction and training.

Ask them to show you, rather than tell you (as appropriate).

Use safety symbols and signs (international signage pictorial) and ensure that

workers know what they mean. Have audio tapes produced of written information if reading is difficult for some

workers, or for people with a visual impairment. Audio tapes are also a useful

strategy for information that has been translated into community languages.

Use videos (with subtitles where possible) in training.

INTERPRETERS

Use interpreters where necessary, e.g. in group training situations. Interpreters can

be used to communicate in languages other than English, or in deaf sign language

(AUSLAN). Language interpreting services are available for telephone discussions

as well as for facetoface meetings.

Basic guidelines on using interpreters

First, identify the language and dialect correctly or the extent of any hearing impairment.

Never use children as interpreters.

It is the employers responsibility to arrange an interpreter.

Use the services of a qualified National Accreditation Authority for Translators and

Interpreters (NAATI)/sign language accredited interpreter wherever practicable.

When booking an interpreter state:

- the exact language/dialect required

- whether a male or female interpreter is required, if appropriate

- your organisation and your name- the exact location that the interpreter is to attend

- the purpose of the interview.


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Brief the interpreter before the interview.

Provide a clear explanation to the worker(s) on the role of the interpreter and your role.

Speak clearly and directly to the interpreter.

Pause after a few sentences to allow time for information to be interpreted.

Do not use jargon and slang.

Do not have a private discussion with the interpreter.

At the end, ensure that the employees have understood the information and

have no further questions.

The interpreters sole task is to facilitate communication between the parties

involved not to conduct the session.

USEFUL RESOURCES WorkCovers Access and Equity Program.

SafeWork SAs Library.

Interpreting and Translating Centre Phone or facetoface interpreting

Telephone: (08) 8226 1990 or fax: (08) 8226 1992.

Interpreting and translating services (see Yellow Pages under Interpreting and

translating services).

Royal Society for the Blind for production of information in various formats

(audio tape, large print, braille, computer voice disk) for people who are blind

or have a visual impairment. Telephone: (08) 8232 2444.




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4. HEALTH AND SAFETY POLICIES

WHAT ARE HEALTH AND SAFETY POLICIES AND PROCEDURES?

A health and safety policy is an organisation's statement detailing how it will ensure

a healthy and safe work environment. Individual policies will need to be developed for

specific hazards and issues, e.g. smoking in the workplace, manual handling and first aid.

Policies should be supported by procedure which provide the stepbystep instructions

on how policies will be achieved.

WHY IS A HEALTH AND SAFETY POLICY IMPORTANT?

Health and safety policies are important because they establish arrangements for

protecting the health and safety of employees. The general health and safety policy

is an important way of demonstrating to management, supervisors and employees

that there is a commitment to ensuring high standards of health and safety.

PREPARATION OF A POLICY

In preparing a policy there must be consultation with HSRs, the health and safety

committee(s), employees, and if requested, relevant unions and employer associations.

Consultation must also occur when the policy is reviewed and updated.

The health and safety policy should be written so it is easy to understand. For

employees who are not fluent in English or are intellectually impaired, it may be

translated into appropriate languages or a format relevant to their disability.

WHAT SHOULD BE IN A POLICY?

The general health and safety policy should clearly indicate the organisation's health

and safety objectives and the arrangements for achieving those objectives, including

the different functions and levels of responsibility of all people with a role to play in

health and safety.

It is recommended that a health and safety policy should:

detail the organisation's health and safety objectives

state senior management's commitment to health and safety

demonstrate that senior management accepts primary responsibility for the

health and safety of all employees identify the Responsible Officer, who must be a senior executive, chief executive

officer or equivalent [Act: 61 and 62]

define the role and responsibilities of the Responsible Officer, managers,

supervisors, employees, and any other relevant people

explain how people with health and safety responsibilities will be held accountable

for effective performance of these duties

provide the name(s) or position(s) of the people to whom employees may make

inquiries and complaints about health and safety issues



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emphasise the importance of consultation and cooperation between management,

employees and their representatives on health and safety issues and contain thearrangements for joint consultation including the role and functions of HSRs and

the health and safety committee

outline the organisation's arrangements and strategies for achieving health and

safety objectives

state how the policy will be reviewed to make sure it is evaluated and updated

regularly to reflect changes in health and safety arrangements, and include the

date of preparation/last review

outline strategies to ensure non-English speaking background (NESB) employees

and employees with disabilities, receive appropriate information, supervision and

training and are included in the consultation process state a commitment to continuous improvement in occupational health, safety

and welfare.

A health and safety policy should be written to suit the individual needs of the

organisation.

It is recommended the Responsible Officer or chief executive officer of the

organisation and an employee representative for health and safety issues sign

the health and safety policy. To view a sample health and safety policy see page 25.

IMPLEMENTATION OF A POLICY

Although the overall responsibility for health and safety rests at the highest level of

management, everyone in the organisation has a role to play in its implementation.

Therefore all employees should be made aware of the health and safety policy and

have the contents of the policy explained to them in a language they understand,

or provided to them in any other format that suits their specific needs.

Simply having a written health and safety policy is not enough by itself. To ensure

that the policy is effective there needs to be a plan for implementing the policy

throughout the organisation.

A health and safety program is a vital way of ensuring that commitments made in the

health and safety policy are translated into effective action to prevent injury and disease.

The health and safety policy should be dynamic and change in response toorganisational changes that affect the management of health and safety. Regular

revision of the policy allows the employer to promote and maintain an organisation's

health and safety program.


HEALTH AND SAFETY POLICIES


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AN ORGANISATIONAL HEALTH AND SAFETY POLICY SHOULD INCLUDE:

1. Statement of intent[Organisation's name] is committed to the proper management of occupational

health, safety and welfare, which ranks equally with all other operational

considerations.

It is the aim of [organisation's name] to minimise the risk of injury and disease to

our employees and other persons by adopting a planned and systematic approach

to the management of occupational health, safety and welfare and providing the

resources for its successful implementation and continuous improvement.

2. Objectives

The objectives of this policy are to ensure:

all hazards and risks to health and safety are identified, assessed and where they

cannot be eliminated are effectively controlled

measures to control hazards and risks to health and safety are regularly monitored

and evaluated

employees are consulted and encouraged to contribute to the decisionmaking

process on occupational health and safety (OHS) matters affecting their health and

safety at work

all managers, supervisors and employees receive the appropriate information,

instruction, training and supervision they need to safely carry out their responsibilities.

3. Strategies

[Organisation's name] will achieve its occupational health, safety and welfare objectives

by developing and implementing appropriate policies and procedures that document

standards and guide managers, supervisors and employees in carrying out their

responsibilities in:

identifying hazards and risks to health and safety associated with tasks and

activities carried out by [organisation's name]

assessing the degree and level of risks arising from hazardous tasks or activities

selecting, implementing and maintaining appropriate measures to control risks

to health and safety

consulting with employees and their representatives on matters that may affect

their health and safety

identifying, developing and providing appropriate information, instruction and

training to equip managers, supervisors and employees with the knowledge and

skills necessary to meet their responsibilities

developing, implementing and monitoring plans to put (organisation's name)

health and safety policies and procedures into effect.




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4. Roles and responsibilities

4.1 Responsible OfficerThe [title of Responsible Officer] as the Responsible Officer has the overall responsibility

to provide a healthy and safe workplace for employees and will ensure adequate

resources are provided to meet the health and safety objectives and implement

strategies.

In particular the [title of Responsible Officer] will ensure:

appropriate health and safety policies and procedures are developed and

implemented to enable the effective management of health and safety and control

of risks to health and safety

mechanisms are provided to enable the identification, development,

implementation and review of appropriate health, safety and welfarerelatedpolicies and procedures

mechanisms are provided to enable employees and their representatives to be

consulted on any proposals for, or changes to, the workplace, work practices,

policies or procedures that may affect the occupational health, safety and welfare

of employees

managers are provided with the necessary knowledge and skills to effectively

enable them to carry out their health and safety responsibilities

mechanisms are provided to enable the assessment of managers' and supervisors'

health and safety performance

OHS performance is an integral component of [organisation's name]s business andfinancial plans

mechanisms are provided to regularly monitor and report on health and safety

performance

annual health and safety strategic plans are developed and implemented

to meet health and safety objectives.

4.2 OHS Coordinator

The OHS Coordinator has the responsibility for coordinating [organisation's name]

management of health and safety on behalf of [title of the Responsible Officer]. The

OHS Coordinator does not assume the responsibilities of managers and supervisors.

The OHS Coordinator has a responsibility to:

coordinate the identification, development, implementation and review of health

and safetyrelated policies and procedures

assist managers and supervisors in the identification, assessment and selection of

measures to control hazards and risks to health and safety

assist managers and supervisors in monitoring and evaluating hazards and risk

control measures

assist managers and supervisors in the identification, development and provision of

appropriate health and safetyrelated information, instruction and training

assist managers and supervisors to effectively consult with employees and their

representatives




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monitor and advise on legislative and technical changes relating to health and

safety

monitor and provide regular reports to the Responsible Officer and the Health and

Safety Committee on the [organisation's name] OHS performance

support employees and HSRs to follow policies and safe work procedures

developed

provide information to employees and their representatives on health and safety.

4.3 Managers

Managers have a responsibility in their areas of control to ensure:

they carry out their roles and responsibilities as detailed in the relevant health and

safety policies and procedures

relevant health and safety policies and procedures are effectively implemented

all risks to health and safety are identified, assessed and effectively controlled

the effectiveness of risk control measures are regularly monitored and deviations

from standards rectified

supervisors and employees have adequate knowledge and skills to carry out their

health and safety responsibilities

employees and their representatives are consulted on any proposals for, or

changes to, the workplace, work practices, policies or procedures that may affect

the health and safety of employees.

4.4 SupervisorsSupervisors or persons with supervisory responsibilities have a responsibility to ensure:

they carry out their roles and responsibilities as detailed in the relevant health and


relevant health and safety policies and procedures are implemented in their areas

of control

all risk control measures in their areas of responsibility are implemented, regularly

monitored and maintained

the employees under their control are provided with the necessary information,

instruction and training to effectively and safely carry out their jobs.

4.5 EmployeesEmployees have a responsibility to take care to protect their own health and safety

and to avoid adversely affecting the health and safety of any other person.

Employees have a responsibility to:

report any incident or hazards at work to their manager or supervisor

carry out their roles and responsibilities as detailed in the relevant health and


obey any reasonable instruction aimed at protecting their health and safety while

at work

use any equipment provided to protect their health and safety while at work

assist in the identification of hazards, the assessment of risks and the

implementation of risk control measures




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consider and provide feedback on any matters which may affect their health

and safety

ensure they are not so affected by alcohol or another drug to endanger their own

or any other persons' health and safety.

4.6 Health and safety committee

[Organisation's name] will establish a health and safety committee(s) consisting of

management and employee representatives. The Health and Safety Committee will

be the principal forum for management to consult with employees on broad health,

safety and welfare, and policy issues.

The responsibilities of the Committee are to:

assist in the development, monitoring and review of health and safety policies and

procedures

consider any proposal for, or changes to, the workplace, policies, work practices or

procedures that may affect the health and safety of employees

promote the importance of health and safety among management and employees

monitor [organisation's name] health and safety performance

monitor the rehabilitation of injured employees

assist in the resolution of health and safety disputes.

4.7 Health and safety representatives

[Organisation's name] will encourage and facilitate the formation of work groups and

election of health and safety representatives (HSRs) to represent employees onhealth and safety matters.

The role of HSRs is to:

represent employees from their work group on health and safety matters

investigate health and safetyrelated complaints prior to representations

to management

make representations to management and report back to employees on any

matter relating to health and safety

discuss with the employees any proposals or matters that may affect their health

and safety

assist management in the identification of hazards, the assessment of risks

and implementation of risk control measures

assist in promoting adherence to health and safety policies and procedures

assist in the monitoring of risk controls and health and safety policies and

procedures.

5. Annual report

The annual report will contain health and safety information with particular reference

to work injury and experience relative to performance targets.




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6. Review of policy

The health and safety policy will be reviewed annually in consultation with the Healthand Safety Committee.

The review will involve assessing the effectiveness of the policy and program by:

reviewing overall health and safety performance

monitoring the effectiveness of policies and procedures.

7. Dissemination of policy

Each employee will be provided with a copy of [organisations name] health and

safety policy as part of their induction. Employees will have ready access to all

health and safety policies and procedures through their supervisors and HSRs.

Responsible Officer Employee representative

Date issued Date of review




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5. HAZARD MANAGEMENT

An essential step in the management of OHS is ensuring that all hazards are

identified, the risks assessed, and effective control measures are developed and

implemented. This approach is a fundamental principle of the Regulations and

Approved Codes of Practice.

HAZARD IDENTIFICATION

A hazard is something that has the potential to harm the health, safety and welfare

of people at work. Examples of hazards that may be found in the workplace include

noise, hazardous substances, unguarded power-driven machinery, working at heights

and stressful working conditions (e.g. the threat of violence).

To identify hazards to health, safety and welfare:

check the records of injuries and incidents (including near misses) that have

occurred in the workplace or in other similar workplaces (see chapter 11 Action if

an injury happens for more information on injury records).

conduct walk-through inspections of the workplace using a checklist to identify

potential hazards.

consult with employees to find out what problems they have in their jobs (see

chapter 6 Consultation).

read publications such as Regulations and Approved Codes of Practice, that

identify potential hazards (see chapter 12 Sources of information on health and

safety issues).

RISK ASSESSMENT

When hazards have been identified, assess the risk created by each hazard. The risk

is the likelihood that the hazard will cause injury, illness or disease in the way that it

is used or occurs in the workplace, and the severity of the injury, illness or disease

that may result. Risk assessment means the process of evaluating the probability

and consequences of injury, illness or disease arising from exposure to an identified

hazard or hazards [Reg: 1.3.2].

Assessment of a risk involves consideration of:

the nature of the hazard how it may affect health or safety (what type of injury, illness or disease could

occur and how serious they are)

how employees are exposed to the hazard

any workers affected (e.g. women, NESB workers, workers with disabilities etc.)

how much, how often and for how long employees are exposed

location of the hazard.

The risk assessment also takes into account the way that work is organised, the

layout and condition of the work environment, the training and knowledge needed

by a person to work safely and the types of control measures available.



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The assessment of risk is a process of gathering information and making decisions.

There is no right answer. People will make certain decisions about risk because theyhave different ideas about what is acceptable. For this reason it is important that

those who will be affected by the decisions made (the employer, relevant employees

and their representatives) should be involved in the assessment (see chapter 6

Consultation).

An assessment should be made whenever there is a change in the workplace that

could affect health, safety or welfare, or when there is new information about a hazard.

RISK CONTROL

When hazards have been identified and the risks assessed, appropriate control

measures should be developed and implemented. The aim is to eliminate or

minimise the risk.

There are many ways for employers to control risks to health, safety or welfare in the

workplace. As far as possible a hazard should be controlled at its source rather than

trying to make the employee work safely in a dangerous environment or having the

employee wear protective clothing and equipment.

Controlling the hazard at the source is much more effective in the prevention of

injury, illness or disease. To do this, action needs to be taken to control risks in the

order listed in the table on page 33. This is often called the hierarchy of controls.

Control measures from the top of the list give better results. Measures from the

bottom of the list are more difficult to maintain and usually less effective. They

should be regarded as interim measures until preferred ones can be implemented.

Information about how to control the risks to health and safety can be found by:

checking the Regulations and Approved Codes of Practice that provide control

measures for the particular hazard

consultation with employees who are exposed to the hazard

seeking information from employer and employee organisations and unions

seeking information from relevant manufacturers or suppliers of hazardous

substances or plant

obtaining advice from OHS consultants

contacting government agencies and other sources of health and safety information(see chapter 12 Sources of information on health and safety issues for advice on how

to obtain more information on hazards and their control).

HAZARD MANAGEMENT



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HAZARD MANAGEMENT


6 USE PERSONAL PROTECTIVE

CLOTHING OR EQUIPMENT

5 USE ADMINISTRATIVE

CONTROLS

4 USE ENGINEERING CONTROLS

3 ISOLATE THE HAZARD

2 SUBSTITUTE THE HAZARD WITHSOMETHING OF A LESSER RISK

1 ELIMINATE THE HAZARDE.g. remove noisy equipment, purchasepre-cut items.

If this is not practicable, then

E.g. lift smaller packages, use a less toxicchemical. Electric forklift in place of petrol-driven forklift. Vacuum rather than sweep.


E.g. place barriers around a spill untilcleaned up, locate photocopier inseparate, well-ventilated room.


E.g. provide a trolley to move heavyloads, place guards on moving partsof machinery.


E.g. introduce job rotation, shorter taskshifts, ensure equipment is maintained

regularly, safe work practices, instructionand training.


E.g. provide hearing and eye protection,hard hats, gloves, masks.

until you have a better method of control.

THE HIERARCHY OF CONTROL MEASURES TABLE


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STEPS TO MANAGING HAZARDS

Safe work provides a basic structure for the valuable and appropriate implementationof health and safety in your business.

Its about employers and workers working together to provide the safest work

environment.

The SAFER approach will help protect employees, safeguard a workplaces

investment and reduce a workplaces levy rate.

See it hazard identification

Identify anything that has the potential to harm the health or safety of people at work.

Assess it risk assessment

Consider the likelihood that someone will be hurt, how badly they will be hurt, how theycould be hurt, how much, how long and how often a person is exposed to the hazard.

Fix it risk control

Determine how the hazards are going to be controlled. If elimination of the hazard

is not possible, other controls should be implemented to reduce potential risks.

Evaluate

Once the most appropriate fix has been selected, its important to evaluate whether

the fix has been successful in controlling the hazard re-assess the risk again.

Review

After a period of time, when the work environment changes, a review of this entire

process is required to continually control the hazard.

A safe system of work should be provided to ensure the total set of methods are

adopted for carrying out the operations required in a particular workplace. They

cover all aspects of the employment situation including the organisation of work

processes, the methods of using machinery, plant and equipment, the methods

of hiring labour, job training, instruction and supervision about associated hazards

and their management, and what to do when things go wrong.

HAZARD MANAGEMENT



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6. CONSULTATION

WHAT IS CONSULTATION?

Consultation is the sharing of information and the exchange of views between two or

more people. In the workplace we are generally referring to the interaction between

employers and employees.

WHY IS CONSULTATION NECESSARY?

Consultation between employers and employees is a fundamental element of a positive

approach to health, safety and welfare in the workplace. Through consultation, managers

and supervisors can become more aware of hazards and OHS issues experienced by

employees. Employees can also provide suggestions about how to solve health and

safety problems.

Consultation during the planning of new work or work processes and the identification,

assessment and control of risks provide practical and effective information for the

prevention of work-related injury, illness and disease.

WHO SHOULD BE INVOLVED?

Consultation should take place between employers and employees, and/or their

elected representatives.

The Act allows groups of employees to elect HSRs. There is more information on this in

chapter 7 Health and safety representatives. HSRs provide the key focus for consultation

under the Act. They should be the first points of contact for employers consulting withemployees on health and safety issues. Likewise, employees should make their HSR

aware of the health and safety problems identified.

Health and safety committees may also be established to allow joint consultation

between management and employee representatives. The main roles of committees

are to consider policy issues and to try to find a solution to unresolved issues. (See

chapter 8 Health and safety committees for more information.)

Employees who are union members can ask their employer to involve their union

in the consultation process.



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WHEN IS IT NECESSARY TO CONSULT?

An employer should consult with employees and their representatives before anychanges are made at the workplace that may affect health and safety. Consultation

should also take place throughout the planning and implementation of changes.

Consultation should occur when:

an employer is identifying hazards

assessing any risk

deciding on measures to control risks

implementing controls

reviewing the effectiveness of controls

reviewing and developing policies investigating incidents

changing work practices and procedures

introducing new substances to the workplace.

Consultation with employees should take place in the initial stages of these processes

so their experience and expertise can be taken into account.

PROCEDURES FOR CONSULTATION

The employer and employees should develop agreed procedures for consultation.

For consultation to be effective, employees and their representatives should have

access to relevant information, including information on hazards in the workplace,work conditions, work organisation, plant, equipment or materials used in the

workplace, the Act, Regulations, Australian Standards, statistics etc.

Enough time should be allowed for employees and their representatives to consider

the implications of the information and to discuss it amongst themselves.

THE REGULATIONS

The Regulations require organisations to consult employees on issues mentioned

in this section. Check Regulation 1.3.1 for details.

CONSULTATION



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7. HEALTH AND SAFETY REPRESENTATIVES (HSRs)

ABOUT HSRS

The OHSW Act 1986 states that a group of employees may elect a person to represent

them on health, safety and welfare issues. This group of employees is called the work

group and the person they elect to represent them is called a HSR.

HSRs have a vital role to play in assisting employees to have health, safety and

welfare issues raised. Through their own experience in the workplace,

representatives have a practical understanding of the health and safety problems

that employees experience and can contribute suggestions about ways to resolve

these problems.

FUNCTIONS AND RIGHTS OF HSRS

HSRs have legal rights and functions to assist them to carry out their role effectively

[Act: 32]. Employers cannot discriminate against HSRs for performing any of their

functions [Act: 56].

A HSR can take action on health and safety issues affecting employees in the

representative's own work group this includes issues affecting contractors, labour hire

workers and visitors.

A HSR is entitled to:

inspect the workplace at any time after giving reasonable notice to the employer, or

immediately if there is an incident, dangerous occurrence, imminent danger or riskto the health, safety or welfare of a member of the representative's work group the

HSR must be advised immediately by the employer if any of these things happen

during an inspection of the workplace, discuss any matter affecting health, safety or

welfare with any employee at the workplace and carry out appropriate investigations

be accompanied by a consultant (approved by the Minister, the employer or a relevant

health and safety committee) in an inspection of the workplace

accompany an inspector from SafeWork SA during an inspection of the workplace

investigate complaints on health, safety or welfare made by employees in the

work group

have access to information about risks to health and safety that may arise, in any workor from any plant or substances, which may affect members of the representative's

work group

have access to information about the health and safety of employees with the

employee's consent

raise any issue affecting the health, safety or welfare of members of the work group

with the employer

if requested by an employee in the work group, be present at any interview about

health and safety between the employee and the employer or the employee and

a government inspector

be consulted about proposed changes to the work, the workplace, plant orsubstances used, which may affect the health, safety or welfare of employees

in the representative's work group



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be consulted about policies, practices and procedures on health, safety and welfare,

and on any proposed changes to these

be consulted about any proposed application to SafeWork SA for modification of

requirements of any Regulation

issue a Default Notice to require that action is taken to resolve a health and safety

problem

direct that work cease if there is an immediate threat to the health and safety

of an employee in the work group until adequate measures are taken to protect

the employee

be provided with facilities and assistance to enable the HSR to perform his or her

functions under the Act.

See chapter 9 The resolution of health and safety issues for more information aboutthe role of HSRs in the resolution of issues, including issuing Default Notices and

stopping unsafe work.

HSRs do not have any legal liability for their actions, or lack of action on any matter in

their role as HSR. However, if a representative is found guilty of using their powers or

information obtained for an improper purpose, the representative may be fined up to

$5 000.

GUIDELINES FOR FORMING WORK GROUPS

Within a particular organisation there may be one or more HSRs, with each

representative being elected to represent a particular work group of employees. Before

HSRs can be elected, a decision must be made about what the work groups will be

and/or who will be in each group.

GETTING STARTED

It only needs one employee to ask the employer to form a work group [Act: 27(3)].

Of course the request may come from several employees or there may be a request

for more than one work group. Also, the employer may suggest to employees that

work groups be formed.

The important point is that when an employer receives a request from an employee

to set up a work group, the employer must respond to this request within 14 days

[Act: 27(3)]. This does not mean that the work group(s) must be set up within 14days, rather that the employer must commence (or at least set a date to commence)

consultation with employees about the establishment of work groups.

WHO CAN BE INVOLVED?

In relation to decisions about work groups and the election of HSRs and, in order to

avoid a conflict of interest, any personnel who are employed as managers or

supervisors are not regarded as employees [Act: 26]. This means that only non-

managerial employees can be involved in the decisions unless

a majority (51 per cent or more) of these employees decide that it is reasonable to

treat a particular manager or supervisor as an employee.

HEALTH AND SAFETY REPRESENTATIVES



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All interested employees are entitled to be involved. This means that any employee

who could be affected by the decision about the make-up of work groups has theright to have a say.

Self-employed contractors are not regarded as employees in relation to decisions

about work groups and cannot be involved in this process.

HOW ARE WORK GROUPS SET UP?

Decisions about work groups must be made by consultation and agreement between

the employer and any interested employees, or a person appointed by the employees

to negotiate on their behalf [Act: 27(2)]. If any one of the interested employees is a

member of a union and the employee asks the employer to consult the union about

the proposal to form a work group(s), then the union must be consulted [Act: 27(4)].

Consultation in determining work groups should provide a genuine opportunity for all

the parties affected by the decision to have

workplace safety handbook

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